Writ petition seeking direction not to transfer Panchayat land was dismissed as infructuous when respondents stated resolutions had been cancelled and land would not be transferred.
Writ petition dismissed as having been rendered infructuous.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No.3342 of 2009
DATE OF DECISION : JANUARY 31, 2011
SANT RAJ & ORS.
....... PETITIONER(S)
VERSUS
STATE OF HARYANA & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Amit Jain, Advocate, for the petitioner(s). Mr. SS Nara, Sr.DAG, Haryana. Mr. Arvind Bansal, Advocate, for the respondent No.4.
AJAI LAMBA, J. (Oral)
1 This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of mandamus directing the respondents not to transfer 21 acres of land belonging to Gram Panchayat, Khaintawas, Tehsil Farrukhnagar, District Gurgaon, to respondent No.5-Ms. Raheja Haryana SEZ Developer Private Limited. It has further been pleaded that the action, if any, in that direction is in contravention of the Punjab Village Common Lands (Regulation) Act, 1961. It transpires that resolutions, indeed, were passed by the Gram Panchayat for transfer of land, which have been placed on record as Annexures P-7 and P-8.
Civil Writ Petition No.3342 of 2009
2
2 Learned counsel for respondent No.4-Gram Panchayat states
that the resolutions have been cancelled and, therefore, the Gram Panchayat is neither willing nor ready to transfer land in favour of respondent No.5.
4 In view of the above, the petition is dismissed as having been rendered infructuous on the statement of learned counsel for the respondent-State and respondent No.4.
5 Let a copy of the order be sent to the Secretary, Rural Development and Panchayats, Haryana, and Secretary, Town and Country Planning, Haryana, so that if, in future, any such issue arises for transfer of Gram Panchayat land, the same is addressed in the context of the action
taken by the Gram Panchayat at this stage.
January 31, 2011 ( AJAI LAMBA ) Kang JUDGE
SANT RAJ & ORS.
STATE OF HARYANA & ORS.
AJAI LAMBA
As recorded by the court registry
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